Terms of Service

Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the StayInBoise.com or KeenanIdahoHomes.com websites, you agree to comply with and be bound by these Terms.

Last Updated: August 30, 2019

PLEASE READ THESE BINDING LEGAL TERMS CAREFULLY BEFORE USING THIS SITE OR MAKING A RESERVATION.

BY ACCESSING, USING, VIEWING, TRANSMITTING, CACHING OR STORING THIS SITE OR ANY OF ITS SERVICES, FUNCTIONS, MATERIALS, OR CONTENTS, YOU SHALL BE DEEMED TO HAVE AGREED TO EACH AND ALL THE TERMS, CONDITIONS, AND NOTICES IN THIS SITE ("AGREEMENT") WITHOUT MODIFICATION. If you are not an Authorized User, and if you do not agree to the terms of this Agreement, you may not use this Site, including without limitation to make a reservation, or download any Materials from it. If you do not agree with these terms and conditions, please leave the Site immediately.

Keenan Idaho Homes LLC and StayInBoise.com reserves the right to change the terms, conditions, and notices under which the Collective Content and the Sites are offered at any time.

These Terms constitute a legally binding agreement ("Agreement") between you and Keenan Idaho Homes LLC doing business as StayInBoise.com (as defined below) governing your access to and use of the StayInBoise.com website, including any subdomains thereof, and any other websites through which Keenan Idaho Homes LLC makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Keenan Idaho Homes LLC Services"). The Site, Application and Keenan Idaho Homes LLC Services together are hereinafter collectively referred to as the “StayInBoise.com Platform”.

When these Terms mention “StayInBoise.com,” “we,” “us,” or “our,” it refers to the Keenan Idaho Homes LLC company you are contracting with.

• You are contracting with Keenan Idaho Homes LLC, PO Box 191155, Boise Idaho 83719, United States.

Any and all payment processing services through or in connection with your use of the StayInBoise.com Platform ("Payment Services") are provided to you by one or more Keenan Idaho Homes Payments entities (individually and collectively, as appropriate, "KIH Payments") as set out in the Payments Terms of Service ("Payments Terms").

1. Privacy

Your use of the Site is subject to the Keenan Idaho Homes and StayInBoise.com Privacy Policy. If you would like to view the privacy practices, please review our Privacy Policy.

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON STAYINBOISE.COM, KEEANIDAHOHOMES.COM OR ANY WEB SITE LINKED TO STAYINBOISE.COM OR KEENANIDAHOHOMES.COM. WE WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY STAYINBOISE.COM OR KEENANIDAHOHOMES.COM, OR OTHERWISE CONNECTED WITH YOUR USE OF OUR SITES.

2. Agreement for use

You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this Site in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of this Site (as well as for use of your account by others, including without limitation minors living with you). You agree to supervise all usage by minors on StayInBoise.com under your name or account. You also warrant that all information supplied by you or members of your household in using this Site is true and accurate and without limitation, or any false or fraudulent reservation. You agree that the reservations facilities of StayInBoise.com shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse or abuse of the reservation facilities of StayInBoise.com may result in your being denied access to such facilities.

For any reservations or other services for which fees may be charged, you agree to abide by the terms or conditions of purchase imposed, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of rates, products, or services. You shall be completely responsible for all charges, fees, duties, taxes, security deposits, damage reimbursements and assessments arising out of the use of StayInBoise.com. Note that in many cases StayInBoise.com and Keenan Idaho Homes LLC properties are independently owned and your transaction may not be a direct transaction with Keenan Idaho Homes LLC, but with the owner of a home. By using StayInBoise.com you agree to be bound to the owner of the home and to Keenan Idaho Homes LLC dba StayInBoise.com, if applicable, and to abide by the booking terms and conditions.

3. Scope of StayInBoise.com Services

3.1 The StayInBoise.com website (“Site”) is an online marketplace that enables users (“Customers”), Keenan Idaho Homes LLC (“Owner/Manager”) and third party Home Owners (“Owners”), under the property management services of Keenan Idaho Homes LLC (“Manager”) and the services they offer (“Guest Services”) to publish such Guest Services on the Site to communicate and transact directly with Customers that are seeking to book such Guest Services (Customers using Guest Services are “Guests”). Guest Services may include the offering of vacation or other properties for use ("Accommodations") and a variety of other travel and non-travel related services.

3.2 When Customers accept a booking, they become Guests and are willingly entering into a contract for Guest Services and agree to all Terms of Service, Privacy Policy and Rental Agreements directly with the Home Owner and Manager.

3.3 To promote the Site and to increase the exposure of Guest Services to potential Guests, Guest Services and other Customer Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Customers who speak different languages, Guest Services and other Customer Content may be translated, in whole or in part, into other languages. Keenan Idaho Homes LLC cannot guarantee the accuracy or quality of such translations and Customers are responsible for reviewing and verifying the accuracy of such translations. The Site may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.

3.4 The Site may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Keenan Idaho Homes is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Keenan Idaho Homes of such Third-Party Services.

3.5 Due to the nature of the Internet, Keenan Idaho Homes cannot guarantee the continuous and uninterrupted availability and accessibility of the StayInBoise.com Site. Keenan Idaho Homes may restrict the availability of the Site or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Site. Keenan Idaho Homes may improve, enhance and modify the Site and introduce new Guest Services from time to time.

4. Wireless reservations

4.1 Functionality is not guaranteed with all types of mobile devices in using this Site. In addition, the connection to a mobile device will not work if your device is not configured for SSL encryption. You should contact your service provider directly for technical assistance or any questions. Please note that security features vary by carrier/service provider and mobile device. Additional minutes/charges may apply and may be charged by your mobile carrier/service provider.

4.2 ELECTRONIC CONSENT: By checking the box and clicking on the "I AGREE" button, Guest is consenting to the use of an electronic signature in lieu of an original signature on paper and is obligated to all financial and all other provisions of the Terms and Conditions. Guest may request to sign a paper copy instead. By checking the I AGREE button, Guest waives that right. After consent, Guest may, upon written request to Manager, obtain a paper copy of the electronic record at no charge. Guests agrees that use of an electronic signature for any documents will continue until such time as Guest notifies Manager otherwise in writing. There is no penalty for Guest withdrawing this consent. Guest should always ensure that Manager has a current email address on file in order to contact Guest regarding any changes, if necessary.

4.3 ACCEPTANCE OF TERMS AND CONDITIONS: Facsimile signatures are deemed original signatures and approving online terms and conditions constitute approval of these terms and conditions.

4.4 If a Reservation Booking is made under false pretense, including, but not limited to, a falsified name, unauthorized pets, age or size of party, you will be subject to immediate eviction and forfeiture of all amounts paid.

5. Eligibility, Using StayInBoise.com

5.1 In order to access and use the Site or register an StayInBoise.com Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.

5.2 Keenan Idaho Homes may make access to and use of the Site, or certain areas or features of the Site, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality, criminal background check or eligibility criteria, meeting Ratings or Reviews thresholds, or a Customer’s booking and cancellation history.

5.3 User verification on the Internet is difficult. For transparency and fraud prevention purposes, and as permitted by applicable laws, we may ask Customers to (i) provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Customers, (ii) screen Customers against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Customer, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

5.4 The access to or use of certain areas and features of the Site may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the Site. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Site, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.

5.5 Some areas of the Site implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

6. Payments Terms

6.1 Reservations received more than 30 days prior to the arrival date require a 50% payment. 100% of the balance is due 30 days or less from the arrival date.

6.2 Accepted forms of payment are Visa, MasterCard and Discover card or personal checks. Guest agrees to provide Manager with a valid credit card during the entirety of the reservation. If paying by check and check is returned for NSF, there is a $50 service charge per occurrence.

6.3 If final payment isn't made in full by the due date, Manager may in its sole discretion deem the reservation null and void or charge the final payment to Guests credit card. Should Guest utilize a different party’s credit card for payment, it must be pre-approved by Manager and there is a $25 fee per each additional transaction.

6.4 Guest assumes all liability for any disputed or charge back amounts by said party.

6.5 Rates are subject to change and no refunds are given in the event advertised rental rates are reduced. If a discrepancy arises between information or rates quoted verbally, on the Site, email or otherwise, the rate on the reservation will prevail. In the event incorrect information or rates are quoted due to a typographical or any other error, Manager shall have the right to refuse, cancel or limit any reservations listed incorrectly, whether or not a reservation confirmation has been sent.

6.6 Manager reserves the right to modify these Payments Terms at any time in accordance with this provision. If we make changes to these Payments Terms, we will post the revised Payments Terms on the StayInBoise.com Platform and update the “Last Updated” date at the top of these Payments Terms. We will also provide you with notice by email of the modification at least thirty (30) days before the date they become effective. If you disagree with the revised Payments Terms, you may terminate this Agreement with immediate effect. We will inform you about your right of refusal and your right to terminate this Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued use of the Payment Services will constitute acceptance of the revised Payments Terms.

7. ELIGIBILITY, GUEST VERIFICATION

7.1 Guest must be at least 25 years of age and will be an occupant of Property during the entire reserved period unless other arrangements are approved in writing by Manager. Guest must be able to enter into legally binding contracts to use the Guest Services. Guest is responsible for the conduct of occupants on the Property during the term of the reservation booking.  Guests and all occupants' valid government issued I.D. must be presented upon request. No keys or entry code will be issued to anyone who is not an adult at least 25 years of age. Any reservation found to be obtained under false pretense will be subject to forfeiture of all payments and deposits and Guest(s) and occupants will be required to vacate the Property immediately.

7.2 KIH Payments may make access to and use of certain areas or features of the Payment Services subject to certain conditions or requirements, such as completing a verification process or meeting specific eligibility criteria.

7.3 We may make inquiries we consider necessary to help verify or check your identity or prevent fraud. Towards this end, you authorize KIH Payments to screen you against third party databases or other sources and request reports from service providers. In some jurisdictions, we have a legal obligation to collect identity information to comply with anti-money laundering regulations. This may include (i) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; (ii) requiring you to take steps to confirm ownership of your email address, Payment Methods or Payout Methods; or (iii) attempting to screen your information against third-party databases. KIH Payments reserves the right to close, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.

8. ACCOUNT REGISTRATION

8.1 You must register an Keenan Idaho Homes or StayInBoise.com account ("Account") to access and use certain features of the StayInBoise.com Platform, such as booking a Listing. If you are registering an Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

8.2 You can register an Account using an email address and creating a password.

8.3 You must provide accurate, current and complete information during the registration process and keep your Account information up to date at all times.

8.4 You may not register more than one (1) Account unless Keenan Idaho Homes LLC authorizes you to do so. You may not assign or otherwise transfer your Account to another party.

8.5 You are responsible for maintaining the confidentiality and security of your Account credentials and may not disclose your credentials to any third party. You must immediately notify Keenan Idaho Homes if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Account. You are liable for any and all activities conducted through your Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

9. CONTENT

9.1 OWNERSHIP OF MATERIALS. The Materials are confidential and proprietary information of Keenan Idaho Homes LLC or its licensors, as applicable.

9.2 Keenan Idaho Homes may, at its sole discretion, enable customers to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the StayInBoise.com Platform ("Customer Content"); and (ii) access and view Customer Content and any content that Keenan Idaho Homes itself makes available on or through the StayInBoise.com Platform, including proprietary content and any content licensed or authorized for use by or through Keenan Idaho Homes from a third party ("KIH Content" and together with Customer Content, "Collective Content").

9.3 The StayInBoise.com Platform, KIH Content, and Customer Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the StayInBoise.com Platform and KIH Content, including all associated intellectual property rights, are the exclusive property of Keenan Idaho Homes and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the StayInBoise.com Platform, KIH Content or Customer Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Keenan Idaho Homes used on or in connection with the StayInBoise.com Platform and KIH Content are trademarks or registered trademarks of Keenan Idaho Homes in the United States. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the StayInBoise.com Platform, KIH Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

9.4 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the StayInBoise.com Platform or Collective Content, except to the extent you are the legal owner of certain Customer Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Keenan Idaho Homes or its licensors, except for the licenses and rights expressly granted in these Terms.

9.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Customer Content on or through the StayInBoise.com Platform, you grant to Keenan Idaho Homes LLC a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Customer Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Customer Content to provide and/or promote the StayInBoise.com Platform, in any media or platform. Insofar as Customer Content (including Verified Images) includes personal information, such Customer Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Unless you provide specific consent, Keenan Idaho Homes does not claim any ownership rights in any Customer Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Customer Content.

9.6 You will not post, upload, publish, submit or transmit any Customer Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates Keenan Idaho Homes’ terms of service or any other Keenan Idaho Homes policy. Keenan Idaho Homes may, without prior notice, remove or disable access to any Customer Content that Keenan Idaho Homes finds to be in violation of applicable law, these Terms or Keenan Idaho Homes’ then-current Policies or Standards, or otherwise may be harmful or objectionable to Keenan Idaho Homes, its Customers, third parties, or property.

10. LINKED WEB SITES

This Site includes links to other web sites. KeenanIdahoHomes.com and StayInBoise.com provide such links solely as a convenience to you and for informational purposes only. Keenan Idaho Homes has not reviewed all of the information on these other web sites. The inclusion of these links in no way indicates Keenan Idaho Homes’ endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from such web sites. Neither Keenan Idaho Homes, nor any other providers of products or services related to this Site, shall be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk. Other web sites may include links to the Site. The inclusion of such links does not indicate the other web site’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from the Site.

11. TERMS SPECIFIC FOR GUESTS

11.1 Terms applicable to all bookings

11.1.1 Subject to meeting any requirements (such as completing any verification processes) set by Manager and/or Owner, you can book an Accommodation available on the Site by following the respective booking process. All applicable fees, including the Cleaning Fee, Security Deposit (if applicable), Additional Guest and/or Pet Fees and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking Guest Services. You agree to pay the Total Fees for any booking requested in connection with your StayInBoise.com reservation.

11.1.2 Upon receipt of a booking confirmation from StayInBoise.com, a legally binding agreement is formed between you and Manager/Owner, subject to any additional terms and conditions of the Owner that apply, including in particular the applicable cancellation policy and any rules and restrictions specified for the Accommodation. Keenan Idaho Homes will collect the Total Fees at the time of the reservation request. For certain reservations, Guests may be required to pay or have the option to pay in multiple installments.

11.1.3 If you book a Reservation on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by Manager and Owner, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by Manager and Owner. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate if accompanied by an adult who is responsible for them.

11.1.4 Guest shall call or email Manager upon arrival to property to confirm arrival. Upon arrival, Guest agrees to examine the Property, all furniture, furnishings, appliances, fixtures and landscaping, if any, and shall immediately report to Manager if any are not in operating condition or in disrepair. Guest also agrees to immediately notify Manager of any occurrences that may cause damage to Property or adjacent Properties and to take reasonable measures to mitigate damage, and be responsible for damages for failure to do so. Guest acknowledges that unless Manager is notified on day of check-in of any damage or cleaning concerns, Guest will be liable. Any and all damages, breakage, lost or missing items on the Property during the occupancy will be Guest's responsibility and must be reported to Manager and paid prior to departure.

11.1.5 Should Guest or acquaintance of Guest rent another Property in proximity to first Guests, no items shall be moved from Property to Property. The majority of occupants from two or more rentals will not spend the bulk of their rental time at a house other than the house in which they are sleeping (violation of the occupancy rules). Having too many guests in one house creates extra wear and tear, risk of sewer problems and noise complaints.

11.1.6 The property is equipped with a minimum of one (1) fire extinguisher. It is the duty of the Guest to locate fire extinguisher, notify all other occupants and Guests of the location, and to inform Manager immediately should the fire extinguisher be missing, or be less or become less than fully charged.  All fire extinguisher and first aid kit locations are listed in your House Manual or Online Guestbook.

11.1.7 The property has smoke and carbon monoxide detectors installed and they are believed to function properly at the time of Reservation dates. Guest will notify Manager without delay if detectors are missing, uninstalled, "chirps" or have a low battery condition.

11.1.8 Guest shall not make or permit to be made any alterations to the Property or change, add any lock or improvise locks without prior consent of Manager.

11.1.9 Manager shall bear no responsibility for lost, stolen or abandoned items. Every reasonable effort will be made to contact the Guest for return. Manager may charge a minimum $25.00 handling charge plus shipping costs for any found items being returned at Guest's request. Manager shall not be held liable for condition of said items. Any items not claimed for longer than 30 days may be donated or sold.

11.1.10 TV/Cable/Internet/Satellite services are provided as a convenience only, and are not integral to this Agreement. No refund of rents shall be given for outages, content, lack of content, speed, access problems, lack of knowledge of use, or personal preferences with regard to service.

11.1.11 Some Properties are not equipped with air conditioning. If so equipped, and if not regulated otherwise, Guest agrees that Air conditioning shall not be set below 72 degrees and heat shall not be set above 78, and that the fan setting shall be set to "Auto". Doors and windows shall be closed when either heat or air conditioning is in operation. There are no refunds for lack of, or malfunctioning HVAC units.

11.1.12 If pool or spa is equipped, spa heating is included. Pool heating, unless solar equipped is an additional fee and must be paid for prior to use. Guest agrees not to tamper with pool heat controls or manipulate heater in any way. Pool heat shall not exceed 86 degrees. Guest understands that the area surrounding pool and spa may not be fenced or guaranteed to be secure and Guest will be responsible to ensure supervision of any occupants that may be endangered. Guest also understands and agrees to be responsible and liable and will pay Manager upon request for any damages that occur to the pool and spa and its support equipment through misuse and/or negligence.

11.1.13 Utilizing electrical outlets to charge vehicles is prohibited without pre-approval in writing. Guest will assume any and all liability and be subject to additional fees in this event.

11.1.14 Guest is aware that Property may be located in an urban area and it is therefore subject to noise from nearby residences/businesses/traffic/aircraft and or construction. If Property has common walls, ceilings or floors, noise may travel between and cause disturbance to Guest from other residences.

11.1.15 AGENCY: It is mutually understood and agreed that Manager is acting as Agent only for the Property Owner and has no liability to either party for the performance of any terms, the premises or covenant of this Agreement. Furthermore, Guest understands Manager is being compensated in this transaction by the Property Owner and is contractually obligated to protect the interest of same. Manager hereby discloses to Guest that should Guest elect to purchase travel insurance protection or damage insurance through Manager, Manager may be compensated by provider(s) for cooperation in the transaction.

11.1.16 CREDIT CARD AUTHORIZATION: Guest agrees to provide Manager with a valid credit card for the duration of the Reservation Booking. Guest is providing the credit card as a guarantee. Guest certifies that he/she has read and agrees to abide by the terms of this Agreement, and agrees to pay and authorize Manager to charge any accommodation amounts, taxes, security deposits, extra cleaning, missing property and any damages not covered under the Security Deposit conditions and fines or charges pertaining to violations of the Agreement. Guest understands that all credit card sales are final. Should manager be unable to recover costs from the credit card on file, Guest is responsible to provide an alternative method of reimbursement within 48 hours of notification.

11.1.17 Guest shall see to their own and to the Property security by locking doors, windows, garage doors, etc. when prudent to do so, and always when all Guests are absent or the Property is vacated.

11.1.18 Some Properties include motion security cameras, all security cameras are located outside of Property entrances and possibly located in garaged areas. No cameras are allowed or located inside private areas of any Property. If you have reason to believe a camera or recording device is located inside of a Property, Guests should notify Manager immediately.  Cameras are not actively monitored and are reviewed in case of an event occurrence that requires investigation. All Guests acknowledge the use and existence of security cameras on Property grounds and Guests are not entitled to review or request video or photo footage.  Site Property description will indicate which Properties have security cameras in use.

11.1.19 Every Property will include specific rules regarding large groups, parties, pets, smoking, etc. These House r|Rules are detailed in the Property Description section of the Site Property Listing, and/or Exhibit A attached hereto, and is incorporated into this Reservation Booking Contract. All Guests certify they will review, accept and follow House Rules posted on Site Property Listing as well as review online guidebook provided with Booking Confirmation. An in-Property House Manual Binder is also provided for Guests upon check-in arrival. Please review these terms carefully, as violation may result in additional fees or eviction without refund.

11.2 Booking Accommodation   

11.2.1 You understand that a confirmed reservation of an Accommodation (“Booking”) is a limited license granted to you by the Manager and Owner to enter, occupy and use the Accommodation for the duration of your stay, during which time Keenan Idaho Homes, it’s partners, employees, agents and Owner (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with Keenan Idaho Homes and Owner.

11.2.2 You agree to leave the Property no later than the checkout time that the Manager and Owner specifies in the Property Description or such other time as mutually agreed upon between you and the Manager/Owner. If you stay past the agreed upon checkout time without the Manager/Owner’s consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Manager/Owner is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Manager/Owner, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to three (3) times the average nightly Booking Fee originally paid by you to cover the inconvenience suffered by the Manager/Owner, plus all applicable Late Fees, Posted Penalty Fees, Guest Fees, Taxes, and any legal expenses incurred by the Manager/Owner to make you leave (collectively, "Overstay Fees"). If you Overstay at an Accommodation, you authorize Keenan Idaho Homes to charge you to collect Overstay Fees. A Security Deposit, if required, may be applied to any Overstay Fees due for a Guest’s Overstay.

11.2.3 Keys or entry code will be provided once all fees and charges have been collected. If for some reason, the Property is not ready for check-in you will be notified by Manager. Please do not attempt to check-in or visit the Property prior to notification that the home has been cleared for check-in. Please notify Manager upon arrival so we may ensure the Property is to your satisfaction.

11.2.4 Prior written approval is required from Manager for late check-out. Cleaning and maintenance are pre-scheduled, so adhering to the Check-Out Time is very important. A minimum $75 per hour fee will be charged for each hour (or portion thereof) past the required check out time and Guest will be liable for any additional damages incurred, but not limited to the cost of supplying alternative accommodations for arriving Guests.

11.3 Booking Reservation and Services

11.3.1 You should carefully review the description of any Guest Service or Accommodation you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age or other requirements which the Manager/Owner has specified in their Accommodation listing. You are responsible for identifying, understanding, and complying with all laws, rules, terms and regulations that apply to your Guest Service booking reservation.

11.3.2 Before and during you stay, you must at all times adhere to the Manager/Owner House Rules and Instructions.

11.3.3 You may not bring any additional individuals into your Accommodation unless such an individual was added by you as an additional guest during the booking process on the Site.

11.3.4 Should Guest need to transfer the reservation to a substitute Guest, substitute Guest must be approved by Manager and agree to all current terms and conditions. A $150 transfer processing fee shall be applied to the reservation.

11.4 Cancellation and Refunds

11.4.1 Should Guest wish to cancel their reservation, the notice of cancellation must be in writing and Guest is responsible to verify receipt and confirmation in writing from Manager.

11.4.2 Cleaning and Pet Fees are always refunded if the reservation is canceled before check-in date.

11.4.3 Accommodation Fees (the total nightly rate you’re charged) are refundable in certain circumstances

11.4.4 A full refund is available if cancellation is within 48 hours of Reservation Booking AND at least 30 full days prior to your arrival date. For a full refund of Accommodation fees, Guest must cancel at least 30 full days before the Property's local check-in date (shown in your confirmation email). Reservations created 29 days or less from arrival date are subject to only a 50% refund, even during your 48 hour Booking window.

11.4.5 For a 50% refund of the nightly rate, Guest must cancel 7 full days before the listing’s local check in date (shown in the confirmation email), otherwise no refund is available.

11.4.6 If Guest cancels less than 30 full days in advance or decides to leave early after check-in, the nights not spent are not refundable.

11.4.7 There are no refunds for early departures, delayed arrivals, construction noise or activity, inclement weather or reduction in the number of nights reserved for any reason. If the Property becomes unavailable or unsuitable for rent for any reason, including but not limited to, casualty loss, construction, noise, physical deterioration, or loss of utility services, the Managers liability will be limited to the return of all monies paid on account at the time of cancellation by the Manager. In the event Manager cancels the reservation; Manager will attempt to substitute the Property with a like-kind. All monies received will be refunded to Guest within 7 business days of confirmation of notice of cancellation.

11.4.8 Trip cancellation insurance is highly recommended. Every Property has the potential for equipment to occasionally malfunction and we cannot guarantee every aspect of a home to be operational 100% of the time. Manager will attempt to rectify any malfunctioning equipment, systems or amenities, however, Guest agrees there are no refunds offered for any malfunctions.

12. RENTAL ACCOMMODATION AGREEMENT CONTRACT
PLEASE DO NOT PROCEED WITH BOOKING IF YOU ARE NOT COMFORTABLE WITH THESE POLICIES.

This Rental Accommodation Agreement and Contract (the “Agreement”) is a legally binding agreement made and entered into as of the Booking Date listed on the Reservation by and between the guest(s) or company (the “Guest”) and the undersigned owner, manager or agent (“Manager/Owner”), pursuant to which the Guest has agreed to the service of accommodation for the listed residence on the Reservation (the “Property”), for the duration of the Accommodation Term for the Total Accommodation Fees and other good and valuable consideration as described herein.

Guest agrees to read and abide by the Terms of this Agreement and ensure all other occupants abide by these terms. As consideration for the booking and use of Property during the Accommadation term, Guest agrees to pay Manager for all items specified.

12.1 Occupancy

12.1.1 Guest agrees that the Property is to be occupied by no more than the exact number of guests listed on the Reservation. Guest must notify Manager and receive written approval of any change in occupancy of Guests, as identified on original Reservation Booking. Guest agrees no other persons shall be permitted on or in the Property at any time during the Accommodation Term. Primary Guest agrees to be held financially and legally responsible for all other Guests and persons in or on the Property and that all persons comply with the conditions and restrictions imposed upon Guest under this Agreement.

12.1.2 The majority of occupants from two or more rentals will not spend the bulk of their rental time at a house other than the house in which they are sleeping

12.1.3 Guest expressly acknowledges and agrees that this Agreement is for transient occupancy of the Property, and that Guest does not intend to make the property a residence or household.

12.2 Condition and Use of Property 

12.2.1 The Property is provided in “as is” condition. Manager shall use its best efforts to ensure the operation of all amenities in the Property, such as internet access, satellite or cable TV access or hot tubs, fireplaces as applicable. Manager shall not be held responsible for such item’s failure to work but will make every effort to correct any issues as reported as quickly as possible. Guest acknowledges that use of amenities such as hot tubs, pools, spas, fireplaces, barbecues, decks, and the like may be potentially dangerous and involve potential risks if improperly used, particularly with regard to children and such use is at the Guest’s own risk.

12.2.2 Guest shall always use the Property for residential purposes only and in a careful manner to prevent any damage or loss to the Property and keep the Property in clean and sanitary condition. Guest and any additional permitted guests shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbors, nor shall Guest use the Property for any immoral, offensive, commercial or unlawful purposes, nor violate any law, association rules or ordinance, nor commit waste or nuisance on or about the Property.

12.2.3 House parties and/or unauthorized gatherings are strictly prohibited and will result in default of this Agreement and immediate eviction from the Property with no refunds.

12.2.4 Identification and use: The names and ages of all occupants and proposed use of the property must be provided. A government issued identification and the credit card used at booking must be presented prior to check in. All adult groups must be 25 years of age or older for rentals less than 30 days.

12.2.5 Guest agrees not to access any locked storage areas or areas not expressly meant for Guests, even if unlocked, which contains Owners or Managers property and may contain cleaning supplies and or items that could be hazardous to children and adults.

12.3 Amenities

12.3.1 The Property is fully furnished, and includes ready-made beds, 1 set of bath towels per guest and an equipped kitchen. Furnishings and amenities are not new and may exhibit signs of wear and tear. Amenities and furnishings are subject to change, and may or may not be the exact same as represented due to replacement, substitution or other reasons. Manager provides a starter kit of soaps, dish detergent, laundry soap, shampoo, toilet paper, paper towels, and other dispensable items. Since a limited supply is provided, Guest should plan to shop to replenish these items if necessary. Manager assumes no responsibility for the quality or contents of any food products left on the premises and Guests use and/or consumption of same is not recommended and shall be at Guest's own risk(s). Towels (except beach towels) and linens are not to be taken from the units.

12.3.2 In the event the rental unit sustains a failure of a system, including but not limited to water, sewer, septic, electrical, gas, plumbing, mechanical, appliances, heat pump, ventilating, pool, hot tub or other system or structural systems, furnishings or amenities, Manager will make every reasonable effort to repair or replace the failed system or equipment, and in such event, Guest agrees to permit Manager or its service provider to have reasonable access to the Property to inspect and make such repairs. Neither the Owner nor the Manager shall be liable to Guest for damages, and no refunds will be given for such failures.

12.3.3 Telephones are not customarily provided. Many Properties are located in areas with poor cell phone coverage. Please verify with Manager if a land line is necessary or you are concerned with cell phone signal strength.

12.4 Cleaning and Additional Fees

12.4.1 Each property will be inspected, sanitized and cleaned prior to your arrival and after your departure. Guest should leave the property in the same general condition at Check-In meaning:
a) Any debris, rubbish and discards removed from the home.
b) Dishes and cooking messes cleaned up.
c) Put back any furniture or items that have been rearranged (inside and outside home).
d) All remote controls left in plain sight.
e) Refrigerator and unit should be left clean and free of perishable food.
f) Lounge chairs equipment, etc. put back in place.
g) BBQ cleaned with brush.
h) Please turn-off lights, fans, appliances, etc.
i) Set heater or air conditioner depending on season to 78°
j) Please make sure all doors and windows are closed and locked.
k) If applicable, leave keys, garage openers, and/or parking passes on the kitchen counter.
l) If Property is equipped with a lock-box, please return keys to the lock-box.

12.4.2 Good housekeeping is expected of everyone. Guest agrees to keep Property clean and in a sanitary condition. The Guest agrees not to permit any deterioration or destruction to occur while they are occupying the Property. Property exterior must be kept clean, inside furniture and furnishings are not permitted to be left outside of dwelling. Storing and leaving debris or objects not designed for outdoor or patio use are prohibited. Guest will be warned and a request for removal will be made to correct violation of Agreement.

12.4.3 Cleaning Fee charged at time of Reservation Booking is for a standard cleaning only. If Property is left in poor condition and additional cleaning is required, fees will be charged to Guests credit card on file at a minimum rate of $50.00 per hour.  A $25.00 per item fee will be charged for each lost key and $75.00 for each garage door opener and remote control that is damaged or not left at the Property upon check-out.

12.5 No Smoking of Cigarettes, Pipes, Cigars or Vaping Devices  

Property is designated non-smoking areas. Smoking in the Property by Guest(s) or persons will result in default of this Agreement and eviction from the Property. In addition to other damages to the Property, Guest(s) will be subject to damages caused by smoking in the premises, including the repair of yellowing wall paint, remediation of odor contamination of the carpets, replacement of blinds due to string contamination, cleaning of vents to remove odor from premises, steam cleaning of HVAC components and other damages related to smoking.

12.6 Parking   

12.6.1 No trucks (larger than a ¾ ton pickup), trailers, boats, recreational vehicles, inoperable, or unlicensed vehicles shall be parked on or at the Property . All unauthorized vehicles are to be removed within 24 hours. If Manager removes said vehicle(s), Guest(s) will be responsible for all towing costs and storage fees. Guest(s) are allowed up to and no more than two vehicles per dwelling.

12.6.2 If a reserved space is available, Guest agrees to park in spaces designated for their use only. If Guest parks in any reserved parking space that is not their assigned parking space, they will be subject to towing without notice and responsible for all costs associated with the towing.

12.6.3 Guests will be held responsible for additional cleaning costs of designated parking spaces, garage stalls, and driveways including the removal of oil leakage, tire burn out or skid marks, or any other abusive marring of the surface. If it becomes necessary for Manager to clean up Guest parking space, Guest will pay $75.00 plus actual costs to clean or repair any damage done to the asphalt or concrete.

12.6.4 It is the responsibility of Guest(s) to ensure that visitors are parking in the appropriate visitor parking spaces. If those Guest’s visitors park in any reserved parking space, their vehicle will be towed without notice and all costs associated, will be paid by the Guest(s) and/or their visitors.

12.6.5 Guests agrees that they will not maintain their vehicles in parking areas associated with the Property. This prohibition against maintenance shall include but is not limited to: changing oil or tires and washing vehicles.

12.6.6 All vehicles must display license plate and valid current registration stickers. Inoperable vehicles are not to be stored on residential Property.

12.7 Animals – No Pets are Permitted.

Manager may agree to waive this condition on a per Property basis, but only by written permission. Guests agrees all pets are subject to a $15.00 per night, per pet increase of nightly fee paid. Assisted Living Animals are not considered pets and upon receipt of proper documentation confirming the necessity of such animal will be given reasonable accommodation for such. Fish are considered pets and fish tanks are not authorized. Failure to notify the Manager of any animal in the Property will result in a $40 per pet, per night unauthorized animal/pet fee, and/or Guest(s) may be required to surrender the Property, remove all Guest’s property and belongings and leave the Property in good order and free of damage. No refund of any portion of the Total Accommodation Fee shall be made and if any legal action is necessary, the prevailing party shall be entitled to reimbursement from the other party for all costs incurred.

12.8 Default

12.8.1 If Guest should fail to comply with the conditions and obligations of this Agreement, Guest shall surrender the Property, remove all Guest’s property and belongings and leave the Property in good order and free of damage. No refund of any portion of the Total Rental Fee shall be made and if any legal action is necessary, the prevailing party shall be entitled to reimbursement from the other party for all costs incurred.

12.8.2 Should either party be required to bring any lawsuit to enforce the provisions hereof, or seek damages for any breach hereof, the prevailing party in such suit shall be entitled to recover reasonable attorney’s fees from the other party in such amount as shall be fixed by the Court in such suit. Guest(s) expressly agree that if it becomes necessary for Manager and/or Owner to commence legal action to recover possession, the Court shall award reasonable attorney’s fees and costs in a suit for possession.

12.8.3 If any term or condition of the Agreement shall be held by any Court to be unenforceable, all the remaining terms and conditions of the Agreement shall remain in full force and effect.

12.8.4 Parties expressly agree that in the event of any lawsuit to enforce the provisions of this agreement that jurisdiction and venue shall be in the county in which the Property is located in the State of Idaho.

12.9 Assignment or Sublease

Guest shall not assign or sublease the Property or permit the use of any portion of the Property by other persons who are not family members or guests of the Guest and included within the number of and as permitted occupants under this Agreement.

12.10 Risk of Loss and Indemnification

12.10.1 Guest agrees that all personal property, furnishings, personal affects and other items brought into the Property by Guest or their permitted guests and visitors shall be at the sole risk of Guest with regard to any theft, damage, destruction or other loss and Manager and/or Owner shall not be responsible or liable for any reason whatsoever.

12.10.2 Guest hereby covenants and agrees to indemnify and hold harmless Manager and their agents, Owners, successors, employees and contractors from and against any costs, damages, claims of personal injury, liabilities, claims, legal fees and other actions for any damages, costs, attorneys fees incurred by Guest, permitted guests, visitors or agents, representatives or successors of Guest due to any claims relating to destruction of property or injury to persons or loss of life sustained by Guest or family and visitors of Guest in or about the Property and Guest expressly agrees to save and hold Manager and/or Owner harmless in all such cases.

12.10.3 Guests also expressly recognize that any insurance for Property damage or loss which the Owner may maintain on the property does not cover the personal property of Guests, and that Guests should purchase their own insurance if such coverage is desired.

12.10.4 Manager and/or Owner shall not be responsible for any of Guest(s) personal property damaged or lost in such casualty nor bear any risk of loss for Guest’s personal property damaged or stolen, either from Guest’s Accommodations or from any parking, storage, or common area in or about the Property. Nor shall Manager and/or Owner be responsible for loss of perishable items as a result of refrigeration malfunction or loss of power. Guests assume all responsibility for the security and safekeeping of any such personal property.

12.10.5 Guest(s) are advised to purchase and maintain a Renter’s Insurance Policy or Travel Insurance to provide coverage of Guest’s personal possessions and liability for damages for which Guest(s) may be responsible. Manager may require Guests to obtain such a policy upon written notice. Guest(s) will not create any nuisance nor cause any dangerous activities that will constitute a hazard to the Property or adversely affect the Manager and/or Owner’s fire insurance ratings.

12.11 Bed Bug Responsibility Addendum

Bedbugs have become a problem in metropolitan areas of the United States. Bedbugs may be introduced in many ways. Guest(s) are responsible to report and pay for immediate treatment (which can cost $350.00 -1700.00 or more per apartment). The use of the word “treatment” involves the chemicals, heat equipment, labor, mattress covers, and all associated costs. This is subject to change at the discretion of the licensed professional pest control company or the Manager. Even if Guest fails to notify us of a bedbug problem, Guest is responsible for full cost of eradicating the infestation.

12.12 Release

12.12.1 Guest hereby waives and releases any claims against Manager, the Property Owner and their successors, assigns, employees or representatives, officially or otherwise, for any injuries or death that may be sustained by Guest on or near or adjacent to the Property, including any common facilities, activities or amenities.

12.12.2 Guest agrees to use any such facilities or amenities entirely at the Guest’s own initiative, risk and responsibility.

12.13 Entry and Inspection

12.13.1 Manager reserves the right to enter and show the Property at any time from 9 AM to 5 PM for the purpose of showing the premises provided the Guest is given reasonable advance notice for the purposes of inspecting the Property or showing the Property to prospective purchasers or other authorized persons. If Manager has a reasonable belief that there is imminent danger to any person or property, Manager may enter the Property without advance notice.

12.13.2 Manager or its agent has the right to inspect and photograph condition of the Property without prior notice at any time to enforce the terms of this agreement. Should Guest or any occupants violate the terms of this Agreement, Manager may impose fines up to three (3) times the rental amount, and may terminate Guest’s occupancy immediately with no refunds of rents or security deposits. Guest shall waive all rights to due process for failure to vacate the premises upon termination and all individuals occupying the Property will be subject to immediate eviction procedures under Idaho State law. Manager or its agent including law enforcement may enter the premises and remove all occupants and their belongings.

12.13.3 Trash Collection: Guest agrees to allow access to property for trash bin pickup and removal, which may include the entry to garage, yard, and fenced areas without notification. Details on trash collection days are provided in House Manual or Guestbook. All garbage items should be bagged, tied closed and placed only in your Property's trash bin or recycle bin. Please contact Manager if the bins are full. 

12.14 Security Fee

Guests shall agree to a security fee, which shall be held as a deposit ("Security Deposit") to protect against damages. If applicable, the Security Deposit will be detailed on the Booking Details section of the checkout web page and shall be refunded within 15 days of your departure date provided no deductions are made due to A) damage to property or furnishings, B) dirt or other mess requiring excessive cleaning, or C) any other costs incurred by your Host as a result of your stay. Any damage to the Property must be reported to Manager before check-out. If Guest has purchased Travel/Cancellation Insurance, any damage not covered by, or exceeding the coverage limit of, the accidental rental damage insurance or Security Deposit, is your full responsibility. You grant your Host the right to charge the credit card number used to book the Vacation Rental for any such damages, including, but not limited to, additional cleaning fees. To ensure that the proper party is held responsible, please notify Manager of any damages found at check-in.

12.15 Unavailability of Property - Reservations are not Fully Guaranteed

12.15.1 In the event the Property is not available for any reason or becomes unavailable or uninhabitable for use during the Reservation Booking dates due to reasons, events or circumstances beyond the control of Manager, Manager will apply due diligence and good faith efforts to locate a replacement property that equals or exceeds the Property with respect to occupancy capacity, location and value that meets the reasonable satisfaction of the Guest.

12.15.2 If the substituted property rents for more for the same period, or remaining period respectively, Guest will have the option to pay any additional charges or cancel the reservation within 72 hours of notification of Guest by Manager. However, if the substitute property rents for less for the same period, the difference will be refunded to Guest. 

12.15.3 If a replacement property cannot be found and made available, Manager shall immediately return all payments made by the Guest, whereupon this Agreement shall be terminated, and Guest and Manager shall have no further obligations or liabilities in any manner pertaining to this Agreement. In any event, the sole remedy for any perceived damages, liability, or inconvenience is a full refund of the rental amount upon Guest cancellation. It is highly recommended that Guest considers the purchase of travel insurance.

12. 16 Additional Terms to the Rental Accommodation Agreement

12.16.1 In addition to the standard terms included herein, Guest acknowledges and agrees that the following additional terms and conditions apply to the Guest’s Rental Accommodation of the Property:

12.16.2 Guest shall use the premises solely for residential purposes and shall make no unlawful use of the premises.

12.16.3 The Agreement shall be binding upon the heirs, personal representatives, successors and lawful assigns of the parties.

12.16.4 Guest(s), any member of the Guest’s party, visitors or other persons under the Guest’s control, shall not engage in criminal activity or any act intended to facilitate criminal activity, including drug-related criminal activity, whether or not said criminal activity is on or near the said premises. “Drug-related criminal activity” means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use a controlled substance (as defined in Section 102 of the Controlled Substance Act {21 U.S.C.802}) or the unlawful manufacturing, selling, using, storing, keeping, or giving of a controlled substance as defined in I.C. Title 37, at any locations, whether on or near the dwelling unit premises or otherwise. All illegal activity, including prostitution (as defined in I.C. 18-5613), sexual offenses, criminal street gang activity, threatening or intimidating other Residents or Owner’s Agents, assault as prohibited in I.C. 18-901 including, but not limited to, the unlawful discharge of firearms on or near the dwelling unit premises, or any breach of the Agreement that otherwise jeopardizes the health, safety and welfare of the Manager, Manager’s Agent or other Guest(s) involving imminent or actual serious property damage, as defined in I.C. 18-7001. A SINGLE VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL AND IRREPARABLE VIOLATION OF THIS AGREEMENT AND GOOD CAUSE FOR IMMEDIATE TERMINATION OF THIS AGREEMENT. Unless otherwise prohibited by law, proof of violation shall not require criminal conviction, but shall be by a preponderance of the evidence.

12.16.5 Guest agrees not to play any musical instrument, radio, or television set, loud enough to be heard by other Guest(s) or neighbors.

12.16.6 Guest shall not post any signs or advertising material at any location in or upon the Property.

12.16.7 Guest shall not affix any decorations or other items to outside of Property including drilling, screwing, nailing, or puncturing of outside structure. No holiday lights, ornaments and/or decorations may be staged or affixed to Property.

12.16.8 Guest agrees that nothing shall be hung, draped over, or stored on entries, balconies, stairways, landings, or patio areas.

12.16.9 Guest agrees to abide by all CC&R’s, Bylaws, Rules and Regulations of Homeowners or Condo Association, if applicable.

12.16.10 In case of conflict between the provisions of this section and any other provisions of the Agreement, the provisions of this section shall govern.

12.16.11 Manager may change its appointment of any Manager's Agent without written notice to Guest.

12.16.12 Guest agrees not to store gasoline, cleaning solvents, combustibles, oil, antifreeze, batteries, or toxic waste on or in Property and properly dispose of said items. Guest agrees not to store anything within 8 inches from water heaters and furnaces. Guest is not to store anything on the top of said equipment. Guest agrees not to cover any vents of any kind. Guest will be fined $50 and charged the cost to remove any of the aforementioned items.

12.17 General Provisions

This Agreement contains the entire agreement between the parties regarding the rental of the Property, and any changes, amendments or modifications hereof shall be void unless the same are in writing and signed by both the Guest and the Manager. This Agreement shall be governed by the laws of the Commonwealth of Idaho. The words “Manager” and “Guest” shall include their respective heirs, successors, representatives. The waiver or failure to enforce any breach or provision of this Agreement shall not be considered a waiver of that or any other provision in any subsequent breach thereof. If any provision herein is held invalid, the remainder of the Agreement shall not be affected. Any notice required to be given under this Agreement shall be in writing and sent to the contact information included herein. This Agreement may be signed in one or more counterparts, each of which is an original, but taken together constitute one in the same instrument. Execution of a digital signature shall be deemed a valid signature.

13. BOOKING MODIFICATIONS, CANCELLATIONS AND REFUNDS

13.1 Owners and Guests are responsible for any modifications to a booking that they make via the Site or direct Manager customer service to make ("Booking Modifications"), and agree to pay any additional Fees, Owner Fees or Guest Fees and/or Taxes associated with such Booking Modifications.

13.2 Guests can cancel a confirmed booking at any time pursuant to the Cancellation Policy set by the Manager/Owner on the Site, and Manager/Owner will refund the amount of the Total Fees due to the Guest in accordance with such cancellation policy.

13.3 If Keenan Idaho Homes or Owner cancels a confirmed reservation booking, the Guest will receive a full refund of the Total Fees for such booking. In some instances, Manager may allow the Guest to apply the refund to a new booking, in which case Manager will credit the amount against the Guest’s subsequent booking at the Guest’s direction.

13.4 In certain circumstances, Manager may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed booking and initiate corresponding refunds and payouts as outlined in the Cancellation Policy. This may be for reasons such as Manager believes this is necessary to avoid significant harm to Manager/Owner’s business and or property.

13.5 If a Guest who books an Accommodation suffers a Travel Issue as defined in the Cancellation Refund Policy, Manager/Owner may determine, in its sole discretion, to refund the Guest part or all of the Total Fees in accordance with the Cancellation Refund Policy.

Strict: Full refund if cancellation is within 48 hours of booking
Cleaning fees are always refunded if the reservation is canceled before check-in.
The Airbnb service fee is refundable up to 3 times per year if the guest cancels within 48 hours of booking and at least 14 days before check-in. It isn’t refundable if the guest cancels a reservation that overlaps with any part of an existing reservation.
Accommodation fees (the total nightly rate you’re charged) are refundable in certain circumstances as outlined below.
If there is a complaint from either party, notice must be given to Airbnb within 24 hours of check-in.
Airbnb will mediate when necessary, and has the final say in all disputes.
A reservation is officially canceled when the guest clicks the cancellation button on the cancellation confirmation page, which they can find in Dashboard > Your Trips > Change or Cancel.
Cancellation policies may be superseded by the Guest Refund Policy, extenuating circumstances, or cancellations by Airbnb for any other reason permitted under the Terms of Service. Please review these exceptions.

14. TAXES

You understand that any appropriate governmental agency, department and/or authority ("Tax Authority") where your Accommodation is located may require Taxes to be collected and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees, a set amount per day, or other variations, and are sometimes called "transient occupancy taxes," "hotel taxes," "lodging taxes," "city taxes," "room taxes" or "tourist taxes" ("Occupancy Taxes").

15. RATINGS AND REVIEWS

15.1 Within a certain time frame after completing a booking, Guests can leave a public review (“Review”) and submit a star rating (“Rating”) about their experience. Ratings or Reviews reflect the opinions of individual Guests and do not reflect the opinion of the Manager/Owner.

15.2 Ratings and Reviews by Guests must be accurate and may not contain any offensive or defamatory language.

15.3 Guests and Customers are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review.

16. DAMAGE TO ACCOMMODATIONS AND DISPUTES

16.1 As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Manager/Owner (and the individuals the Manager/Owner invites to the Accommodation, if applicable).

16.2 If a Manager/Owner claims and provides evidence that you as a Guest have damaged an Accommodation or any personal or other property at an Accommodation ("Damage Claim"), the Manager/Owner can seek payment from you. If Keenan Idaho Homes determines in its sole discretion that you are responsible for the Damage Claim, Manager will, after the end of your stay, collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the Payments Terms. Manager/Owner also reserves the right to otherwise collect payment from you and pursue any remedies available to Manager/Owner in this regard in situations in which you are responsible for a Damage Claim.

16.3 If you are a Guest, you understand and agree that Manager/Owner may make a claim under your homeowner's, renter's or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to any personal or other property (including an Accommodation) of the Owner. You agree to cooperate with and assist Manager/Owner in good faith, and to provide Manager/Owner with such information as may be reasonably requested by Manager/Owner, to make a claim under your homeowner's, renter's or other insurance policy, including, but not limited to, executing documents and taking such further acts as Manager/Owner may reasonably request to assist Manager/Owner in accomplishing the foregoing.

16.4 Any disputes under this Agreement shall be governed by and interpreted in accordance with the laws of the State of Idaho. Any action relating to this Agreement shall be filed only in the Ada County court in Idaho or in which county the Property is located. Both parties consent to the exclusive venue and jurisdiction of such court. Guest agrees to pay all reasonable costs, attorney's fees and expenses that shall be made or incurred by Manager enforcing this agreement.

17. PROHIBITED ACTIVITIES

If you feel that any Customer, Guest, Manager, Manager’s Agents, Third Parties or Owners you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Keenan Idaho Homes by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).

18. TERM, TERMINATION, SUSPENSION AND OTHER MEASURES

18.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Keenan Idaho Homes terminate the Agreement in accordance with this provision.

18.2 Without limiting our rights specified below, Keenan Idaho Homes may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.

18.3 Keenan Idaho Homes may immediately, without notice, terminate this Agreement and/or stop providing access to the Site if (i) you have materially breached your obligations under these Terms, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Keenan Idaho Homes believes in good faith that such action is reasonably necessary to protect the personal safety or property of Keenan Idaho Homes, its Customers, or third parties (for example in the case of fraudulent behavior of a Customer).

18.4 In addition, Keenan Idaho Homes may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the registration process or thereafter.

19. FEEDBACK

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Site, through Reviews or by other means of communication. Any Feedback or Review you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback and or a Review to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

20. APPLICABLE LAW, JURISDICTION AND LIABILITY

If your country of residence or establishment is the United States, these Terms will be interpreted in accordance with the laws of the State of Idaho and the United States of America, without regard to conflict-of-law provisions.

LIMITATION OF LIABILITY. IN NO EVENT SHALL KEENAN IDAHO HOMES LLC BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS OR DATA, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE OR THE MATERIALS, OR THE PERFORMANCE OR NON-PERFORMANCE BY KEENAN IDAHO HOMES OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE, THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY OF RECOVERY, EVEN IF KEENAN IDAHO HOMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU

WAIVER OF LIABILITY: for barbecue, fire pit, fireplace, spa, hot tub, swimming pool, sauna, pond, decks, railings, bunk beds accessible by ladders, etc. herein referred to as ("Special Feature"). If so equipped, it is the Guest's responsibility to learn about safety precautions concerning utilizing or being around Special Feature. Guest understands that the area surrounding Special Feature is not fenced or secure, and there are special risks that may be involved for anyone, in particular children who are not carefully supervised, person(s) intoxicated, on any kinds of drugs or medication, with health risks or if pregnant. Guest agrees to explain the risks of the presence and use of Special Feature to all guests at the property. Guest agrees to instruct all guests on premises to not access any off-limit, or unsafe sections of the Property including roof-tops and ceiling attic doors and panels. Guest agrees to assume all responsibility to make all occupants aware of risks and for the consequences of those risks and to be fully and solely responsible for any accidents that may occur. Guest agrees to waive any claim whatsoever against Owner or Manager for injuries or claims.

21. GENERAL PROVISIONS

21.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Keenan Idaho Homes and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Keenan Idaho Homes and you in relation to the access to and use of the Site.

21.2 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

21.3 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

21.4 Keenan Idaho Homes’ failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

21.5 You may not assign, transfer or delegate this Agreement and your rights and obligations here under without Keenan Idaho Homes’ prior written consent. Keenan Idaho Homes may without restriction assign, transfer or delegate this Agreement and any rights and obligations here under, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.

21.6 Unless specified otherwise, any notices or other communications to Customers/Guests permitted or required under this Agreement, will be provided electronically and given by Keenan Idaho Homes via email, Site notification, or messaging service (including SMS).

21.7 If you have any questions about these Terms please email us.

22. MISCELLANEOUS PROVISIONS

DISCLAIMER. THE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Further Keenan Idaho Homes does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Materials. Keenan Idaho Homes may make changes to the Materials, or the programs, policies or other information described in the Materials, at any time without notice. Keenan Idaho Homes makes no commitment to update the Materials.

This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements. No failure or delay on the part of Keenan Idaho Homes in exercising any right or remedy hereunder or enforcing the terms and conditions of this Agreement will operate as a waiver thereof. If any part or provision of this Agreement is found to be invalid, unenforceable or void, then the remaining portion shall remain in full force and effect. Headings are for convenience only and not for use in interpretation of this Agreement.

23. ADDITIONAL TERMS AND CONDITIONS

The undersigned, for himself/herself, his/her heirs, assignors, executors, and administrators, fully releases and discharges Manager and Owner from any and all claims, demands and causes of action by reason of any injury or whatever nature which may have occurred to the undersigned, or any of his/her occupants or guests as a result of, or in connection with the occupancy of the premises and agrees to hold Manager and Owner free and harmless of any claim or suit arising there from. In any action concerning the rights, duties or liabilities of the parties to this agreement, their principals, agents, successors or assignees the prevailing party shall be entitled to recover reasonable attorney fees and costs.

Any exceptions to the above mentioned policies must be approved in writing by a Manager in advance.

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© Copyright 2019 StayInBoise.com, Keenan Idaho Homes LLC, PO Box 191155, Boise Idaho, U.S.A., All rights reserved.

Effective Date: 30 August 2019